US v. Thurman, No. 09-3545

By FindLaw Staff on November 22, 2010 | Last updated on March 21, 2019

Firearm Possession Conviction Affirmed

In US v. Thurman, No. 09-3545, the court affirmed defendant's conviction for unlawful possession of a firearm and ammunition as a previously convicted felon, holding that 1) despite an officer's conclusory statement, so long as the issuing magistrate can fairly infer the source and basis of the information in a warrant application, the magistrate permissibly may consider such an assertion when determining whether probable cause exists; and 2) the warrant contained sufficient information to identify the particular frame house at issue as the premises to be searched.

As the court wrote: "Dale Thurman was convicted of unlawful possession of a firearm and

ammunition as a previously convicted felon, in violation of 18 U.S.C. § 922(g)(1). Before trial, he moved to suppress evidence obtained during the search of a house in Marshall County, Iowa. The district court denied Thurman's motion, and a jury found Thurman guilty as charged. He appeals the denial of his motion to suppress, and we affirm."

Related Resources

Read the Eighth Circuit's Decision in US v. Thurman, No. 09-3545